Download - The United States Constitution 1787
The United States Constitution 1787
The United States Constitution
Why create a new Constitution?• Failed Articles of Confederation• TOO WEAK!!
• To create a blueprint for the US government• To create a stronger
federal government• To protect individual and
states’ rights
Historical Influences on the U.S. Constitution
Historical influences• Ancient Greece• Athens Democracy Democracy a
political system in which the supreme power lies in a body of citizens who can elect people to represent them
Historical influences
• Ancient Rome• Roman Republic & Senate
• Republic A state in which supreme power is held by the people and their elected representatives
Historical influences• The Enlightenment• New Ideas about
Government• Reason over faith• John Locke --Government should protect human (natural) rights
• Baron de Montesquieu• Three Branches of Government--Why?
• Legislative• Executive• Judicial
Constitutional Principles
Constitutional Principles• The authors of the
Constitution wanted a government stronger than the Articles of Confederation
• But not too powerful it would lead to a king or dictator
• They included many limits on the power of the government
Constitutional Principles• Popular Sovereignty• "In free governments,
the rulers are the servants and the people their superiors and sovereigns.“—Ben Franklin
• The power to rule comes from the consent of the governed (the people)
Constitutional Principles
• Limited Government
• Limited government means restricting government’s power• Government can only
do certain things• Everything else is left
to the states or the people
Constitutional Principles• Federalism• Division and sharing of
power between the Federal and State governments.
• The Federal government is supreme to the states (its laws must be followed by the states)
• This means the US has a stronger central government than the states
Federalism• Delegated Powers Powers given
to the Federal government
• Reserved Powers Powers given (reserved) to the States
• Concurrent Powers Powers shared by the Federal government and the states
Constitutional Principles• Separation of Powers
• In the Federal government, there are….
• Three branches of government• Legislative Makes laws
• Executive Enforces laws
• Judicial Interprets laws
Do Now 1. Why did the authors of the
Constitution want to put limits on the power of the federal government? Explain how the Constitution limits the power of the government using at least 2 specific examples as evidence.
Constitutional Principles• Checks and Balances• "The constitution is better which is made up of more numerous elements.“ –Aristotle
• Each branch of government can limit the others to ensure that no part of the government becomes too powerful
• Influenced by Montesquieu (Enlightenment)
The Constitutional Convention, Philadelphia, 1787
Constitutional ConventionDelegates (representatives) met to discuss rewriting the Articles of ConfederationDecided to write a new Constitution insteadBut, different states have different opinions on many issuesThey need to compromise on major issues
Constitutional Convention
• The Great Compromise
• The issue: How will the states be represented in Congress?
• Bicameral Legislature (2 house)
• House of Representatives• Senate
Constitutional Convention• Commerce Compromise
• The Federal government can regulate interstate and foreign trade
• The states can regulate intrastate trade
Constitutional Convention
• Three-Fifths Compromise• Slaves will count as 3/5 a person for representation
and for taxation• Benefits the South as they gain more members in the
House of Representatives and the Electoral College
Constitutional Convention• The Slave Trade• The Slave Trade would be banned 20 years after the
Constitution goes into effect (1808)
The “Elastic clause” “To make all Laws which shall be necessary
and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.” Excerpt from Article I, Section 8 of the US Constitution
Compare the Expressed powers of Congress to the Elastic Clause.
Why do you think some people might be against the use of the Elastic Clause?
Constitutional Convention• Electing the President
• The main issue: How should the people elect the President?• By the states, or by
popular vote?• The Solution: The Electoral
College • Each state’s electoral vote is
determined by their population• Need a majority of electoral
votes to be elected (270)• Criticism of the Electoral
College Winner of the popular vote can lose the election
2012 presidential election electoral resultsObama—332 Romney-206 (needed 270 to win)
The Preamble and Article I
Preamble to the Constitution
The Preamble Introduction of the Constitution
Purpose to explain the purpose and principles of the Constitution.
“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”
Article I - The Legislative Branch
Article I creates the two houses of Congress House of Representatives
Senate
Article I also describes the powers of Congress: Expressed Powers
Implied Powers
Elastic Clause Impeachment
House of Representatives Elected every 2 years by the
people! Representation determined
by population All revenue ($$ money $$,
ex. taxes) bills must originate in the House of Representatives
Qualifications to be in the House: 25 years old U.S. citizen for 7 years
A census is taken every 10 years to determine the population—a state may gain or lose members in the House as a result
Senate Elected every 6 years by
state legislatures (until 191316th amendment made Senate elected by the people)
2 Senators per state (100 total today)
The Senate has to approve of many presidential actions Treaties Cabinet Officials Supreme Court Nominees
To Qualify for the Senate: 30 years old U.S. citizen for 9 years
Powers of Congress Expressed Powers
specific powers given to Congress
Collect taxesRegulate Interstate and Foreign Trade
Establish army/navy
Coin moneyDeclare War/make Peace
Establish a Post Office
Powers of Congress Implied Powers
power of Congress to pass any law that helps them carry out the expressed powers
Also known as Necessary and Proper Clause
Elastic Clause Example: Creating a national bank in 1791; Louisiana Purchase in 1803
Powers of Congress Impeachment The process of removing
certain elected officials (President, Judges) from office
The House of Representatives needs a majority vote to impeach
The Senate holds a trial (2/3 need to convict & remove from office)
Trial presided over by Chief Justice of the Supreme Court
How is this an example of checks and balances?
How Congress makes Laws All bills (except
revenue) can start in either house of Congress
The same bill must be passed through both houses
President must sign a bill (or can veto) for it to become law, OR
If the President vetoes a bill, Congress can override the veto with a 2/3 vote
Article II The Executive Branch
Article II – The Executive Branch
The President is the head of the executive branch
Elected by the Electoral College
Some roles of the President: Chief Executive Commander in Chief Head of State
The Executive Branch President Vice President Cabinet
Article II To Qualify to be President:
35 years old Natural-born citizen of the United States Reside in the US for at least 14 years
The President serves a 4 yr term Since 1951, the President can only serve 2
terms (22nd amendment)
Article III Article III creates the
Judicial Branch The Supreme Court is the
highest court in the U.S. The Supreme Court’s
main job: Judicial Review
Judicial Review established in 1803 with the case Marbury v. Madison
Qualifications for the Supreme Court: No age limit or
citizenship requirement Serve for life
Open Book Quiz – 9/30
1. How did Greece and Rome influence the U.S. Constitution?
2. What idea of Montesquieu’s influenced the Constitution?
3. What does Popular Sovereignty mean? 4. Why did the authors of the Constitution want limited
government? Explain what limited government means. 5. Explain Federalism. 6. What are the delegated powers? 7. What are the reserved powers? 8. What are the concurrent powers? 9. Give an example of the delegated powers. 10. Give an example of concurrent powers.